Equity in Roman Law e-bog

Whilst the greatest effort has been made to ensure the quality of this text, due to the historical nature of this content, in some rare cases there may be minor issues with legibility. (girard, Manuel, The same state of things arises in those cases in which the Praetor, in his Edict, declares that he will give a certain actio or exceptio, causa cognita. Here, though the grant of the action or defence is entirely in the hands of the Praetor, it is not he, but the ordinary index, who presides over the resulting proceedings. The equitable nature of the relief has nothing to do with that of the ultimate tribunal. There is no such thing as an Equity Court.